About two months ago a police officers were looking for a car reported stolen. Shortly thereafter officers located a vehicle fitting the description of the Stolen Car. The police followed the car and a chase ensued. The stolen vehicle supposedly reached speeds of one hundred ten miles per hour. The chase was called off but the vehicle continued at a high rate of speed and ultimately crashed. The driver of the car, a woman somehow managed to escape the wreckage and fled to a nearby building. There she tried to conceal her identity by dressing up as a janitor. The woman was apprehended. While being transported she admitted to driving the car but claimed that over the previous four day period she was involuntarily injected with Heroin and given Methamphetamine. She was then told to get into the stolen car, to drive and not to stop. The woman was charged with Larceny of a Motor Vehicle, Operating to Endanger and other Motor Vehicle Offenses. Ironically, she was not charged with any Drug Crimes; i.e. Possession of Heroin or Possession of Methamphetamine.
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Larceny of a Motor Vehicle Defense Lawyer, Massachusetts
Involuntary Intoxication is a defense to criminal accusations in Massachusetts. There is a Massachusetts on point that supports the woman’s contention in this case; Commonwealth v. Darch. That case states that if someone “is compelled to ingest intoxicants unwillingly” he or she can defend the allegations on the theory of involuntary intoxication. In Massachusetts, to overcome this defense the district attorney must prove beyond a reasonable doubt that the defendant’s intoxication was voluntary. This defense can be successful if the defendant gets a blood test or someone can corroborate the position that someone drug the accused. As a practical matter, for this defense to work the defendant is going to need a lot more than a statement such as the one made by the defendant in this case. Here is what I see as a problem with the defense in this case. The chase starts once the police start following the car thereby suggesting that the defendant knew the car to be stolen. After the car crashed the defendant took deliberate actions to avoid detection. She fled to a nearby building. She used a disguise to avert detection. Then, she gave a detailed description of how she was drugged; something that a drugged out person would be unable to do. Finally, there was no suggestion other than her words that drugs were involved in this activity.
The Law Offices of Stephen Neyman can help you defend your criminal case. We have been in the business of defending the accused for over twenty five years. There is no crime that cannot be defended. If you are in trouble call us. We can be reached at 617-263-6800 or you can email us. Start your defense with us right now.